Mining Regulations




JUNE 18.] THE NEW ZEALAND GAZETTE. 1149

Certificates of Reduction.

  1. The application, under section 85 of the Mining Act, for authority to employ less than the prescribed minimum number of workmen may be in the form numbered 24 in the First Schedule hereto, and with respect to the application the following provisions shall apply:—
    (1.) The application need not be publicly notified by advertisement unless the Warden otherwise directs.
    (2.) The application may be granted in whole or in part, as the Warden thinks fit, and, if granted, shall be granted by certificate of reduction in the form numbered 45 in the First Schedule hereto.
    (3.) The certificate shall be registered in the same manner as in the case of a certificate of protection.

  2. When disposing of any application for a certificate of reduction, the Warden, for the purpose of determining the extent to which the prescribed number of workmen should be reduced, and the period for which the reduction should be granted, shall not confine himself to merely temporary exigencies, but shall have regard to all the circumstances fairly affecting the matter, including the following considerations:—
    (1.) In the case of a claim to be worked by hydraulic sluicing, the nature and extent of the claimholders’ water-supply, the cost of procuring it, and the date when it will be fully available;
    (2.) In every case, the number of workmen that can be reasonably and advantageously employed, having regard to the nature and extent of the ground and the extent of the water-supply; and
    (3.) The extent, if any, to which the proposed reduction, or the period for which it may be granted, would lock up ground that otherwise might be reasonably and advantageously worked.

PROTECTION OF MINING PRIVILEGES.

Certificates of Protection.

  1. The application for protection of mining privileges under section 131 of the Mining Act may be in the form numbered 25 in the First Schedule hereto, and if granted shall be granted by certificate of protection in the form numbered 46 in the First Schedule hereto.

As to Statutory Protection of Mining Privileges.

  1. The provisions of section 133 of the Mining Act relating to protection without application shall apply only within the Middle Island or Stewart Island, and in cases only where the land is situated at an altitude of not less than 3,000 ft. above the sea-level; and the period of protection shall in every case be the period elapsing between the 1st day of May and the last day of October in the year:
    Provided that the Warden may from time to time prescribe such lower altitude (being in no case less than 2,000 ft.) and such shorter period (between the aforesaid dates) as he thinks fit, having regard to the locality of the land and the normal snow-level. Such prescription may be either generally as to any specified locality or specifically as to any specific mining privileges, and may be made either of his own motion or on summary application, and shall be deemed to be sufficiently notified by publication in the Gazette.

CERTIFICATES OF EASEMENT.

  1. The application for a certificate of easement under section 8 of “The Mining Act Amendment Act, 1899,” may be in the form numbered 26 in the First Schedule hereto, and with respect thereto the following provisions shall apply:—
    (1.) The application need not be publicly notified by advertisement.
    (2.) Subject as last aforesaid, the application shall be made and disposed of under clause 24 of these regulations.
    (3.) The certificate of easement may be in the form numbered 47 in the First Schedule hereto.
    (4.) The certificate of easement shall be deemed to be appurtenant to the mining privilege for facilitating whose mining operations the certificate is granted, and accordingly the certificate shall not be transferable apart from such privilege, and upon the expiry or other determination of the term of such privilege the certificate shall ipso facto become void.
    (5.) The Warden may, by certificate of easement, grant to any person being the holder of a claim the right to connect with and use any shaft, tunnel, or drive on any other person’s mining privilege:
    Provided that if such shaft, tunnel, or drive existed on such mining privilege when it was taken up no compensation shall be payable by the grantee for or on account of the cost of construction.

REGISTRATION OF MINING PRIVILEGES AND OF INSTRUMENTS AFFECTING THE SAME.

Register, and Registration Office.

  1. (1.) The register shall be in the form numbered 48 in the First Schedule hereto.
    (2.) The register may be divided into parts as follows:—Part I.: Claims. Part II.: Water-rights. Part III.: Business-site licenses. Part IV.: Residence-site licenses. Part V.: Special-site licenses. Part VI.: Mineral licenses. Part VII.: Miscellaneous. And registrations may be effected accordingly, nevertheless without affecting the numerical sequence of the instruments registered.

  2. Every register existing at the time of the coming into operation of the Mining Act shall so continue, but no fresh registrations shall be recorded therein; and in every case where, in any new register opened under the Mining Act, any registration relates to any mining privilege, or interest therein, already registered in such existing register, the Registrar shall, by note on the allotted folium of the new register, give such reference to the registration in the said existing register as will afford reasonable facilities for search.

  3. (1.) The office of registration of a mining privilege granted under the Mining Act shall be the office of the Registrar to whom the same is transmitted by the Warden for registration and issue, as provided by section 141 of the Mining Act.
    (2.) The office of the Registrar shall in every case be the office of the Warden’s Court.
    (3.) In the case of mining privileges granted by the Warden prior to the coming into operation of the Mining Act, but not then registered, the office of registration shall be the office of the Registrar at the Courthouse where the same was granted.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1900, No 52





✨ LLM interpretation of page content

🌾 New Mining Regulations under the Mining Act, 1898 (continued from previous page)

🌾 Primary Industries & Resources
18 June 1900
Mining Act, Regulations, Certificates of Reduction, Certificates of Protection, Certificates of Easement, Registration of Mining Privileges